Terms of Service
Last updated: April 16, 2024
AGREEMENT BETWEEN USER AND EKPA EDUCATION, LLC
Welcome to KALEANDERS. The https://kaleanders.com/ website (hereafter the "Site") operated by EKPA Education, LLC (hereafter "EKPA''). The Site is offered to you conditioned on your acceptance without modifying the terms, conditions, and notices contained herein (hereafter the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. https://kaleanders.com is an E-Commerce Site.
KEY TERMS
The Site provides an online venue for English language learning delivered through courses (the "Program") using a specific learning method named RAIO, where individuals join and take advantage of the Program and services (collectively, the "Services"). These Services are accessible at https://kaleanders.com/ and any other websites where EKPA makes the Services available (together, the "Site"), and applications for mobile, tablet, and other smart devices and application program interfaces (collectively, the "Application").
If you are using the Site and Services, these Terms of Service are between you and EKPA. EKPA will handle any payments conducted through or connected with the Site, Application, or Services ("Payment Services").
• "Content" means all Content that EKPA makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding User Content.
• "User Account" means the EKPA Account when a person registers to become a User and purchases the Program.
• "User" means a person that registers for an Account and access the Site or Application or using the Services.
• "Services" means any of the Connection or Payment Services that are delivered by EKPA.
• "Coaching Services" means the personal assistance provided by learning professionals to guide, help, and resolve your questions during your learning experience. Option available when purchased with a Program package High Premium for an additional fee.
• "Visitor" means a person who is only visiting the Site, not a User.
TERMS OF SERVICE
By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Content (defined below) and constitute a binding legal agreement between you and EKPA. Also, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Content, the latter terms and conditions will take precedence concerning your use of or access to that area of the Site, Application, Services, or Content.
EKPA reserves the right to suspend or terminate the User Account of any registered User for any reason. No refunds, payments, or compensation of any kind will be paid to the User whose registration was terminated due to breach of these terms and conditions.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application, or Services in accordance with these Terms may subject you to civil and criminal penalties.
MODIFICATION
EKPA reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we change these Terms, we will either post the modification on the Site or the Application or otherwise provide you with notice of the amendment. We will also update the "Last Updated" date at the top of these Terms. By continuing to access or use the Site, Application, or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application, and Services.
ELIGIBILITY
The Site, Application, and Services are for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under the age of 18 can only use the Service with "the involvement of a parent or guardian." By accessing or using the Site, Application, or Services, the User represents and warrant that he/she are 18 or older or have involvement from a parent or guardian.
For users in the United States, EKPA may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the User. For users outside the United States, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion. The User agrees and authorizes us to use your personal information, such as your full name and date of birth, to obtain such reports, including from EKPA vendors. According to the privacy and data policies https://kaleanders.com/policy-raio
EKPA does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use EKPA Site only with the involvement of a parent or guardian.
HOW THE SITE AND SERVICES WORK
The Site, Application, and Services can be used to provide an online venue where Users have access to a learning Program based on the RAIO learning method through video, Livestream sessions and Group Coaching, Facebook Community, learning Tools, and other related content.
Payment Services. The Site or Application is a platform for Users seeking online languages Program through a learning method named RAIO or other language learning services. Payment Services also provide to Users payment tools, and dispute assistance, and other Services (collectively, "Payment Services").
To make payments for any of the Program User may use a third-party payment method (example: credit card, PayPal, and cash) to pay for the necessary amount. By providing EKPA with your credit card or bank account information, you authorize us to charge such a credit card or bank account for the amounts stated on the payment page.
Cash payment, EKPA makes this payment option available through third-party service systems that enable Users to pay in cash. The third-party service system differs based on the User's location. EKPA's customer service will guide the service system available in a specific area and procedure.
Third-Party Payment Method Fees. When purchasing the Program, there may be fees charged to the User by the third-party payment provider or the User's bank. These fees are not under EKPA's control, and EKPA disclaims all liability in this regard. Whatever Payment Method you use may be subject to additional terms and conditions imposed by the applicable third-party payment provider. It is up to the User to review the terms and conditions before using a third-party payment method.
Program Payment Options. Program fee payment may be paid in full at the time of registration or in installments. Payment in installments, EKPA offers a variety of options to help manage the cost of the Program. This means you make small regular payments. The first payment is required to confirm your enrolment in the course.
The Site reserves the right to restrict access to the Program if installment payments are due. Access to the Site will resume once the Account becomes current in its payments. The Site will send monthly invoices showing your payments and outstanding balance. Any questions shall be directed to soporte@kaleanders.com.
ACCOUNT REGISTRATION
In order to access certain features of the Site and Application, and to participate in the language learning Program and other Services and Payment Services on EKPA, you must register to create an account ("EKPA Account") and become a User. The User may register to join directly via the Site as described in this section.
By registering the Account and purchasing a Program, Users can also join by logging into your Account with specific third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such Account is a "Third-Party Account"), via our Site or Application. As part of the functionality of the Site, Application, and Services, EKPA hosts a private community SNS Account named "The RAIO Family" ("Community'') to exchange experiences, live sessions, exercises, interchange videos, and other related materials.
The User represents that he/she grants EKPA rights to your Third-Party Account content by joining "Community" (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating EKPA to pay any fees or making EKPA subject to any usage limitations imposed by such third-party service providers. By joining EKPA Community SNS Account on a Third-Party Accounts, you understand that EKPA may make available and store (if applicable) any Content that you have displayed for marketing purposes and with your previous consent to and stored in your Third-Party Account ("SNS Content") through the Community so that it is available on and through the Site, Services, and Application via EKPA.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. EKPA makes no effort to review any SNS Content for any purpose, including but not limited to accuracy, legality, or non-infringement, and EKPA is not responsible for any SNS Content.
If the User uses this Site, the User is responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. The User may not assign or otherwise transfer your Account to any other person or entity. The User acknowledges that EKPA is not responsible for third party access to your Account that results from theft or misappropriation of your Account. EKPA and its associates reserve the right to refuse or cancel Service, terminate accounts, or remove or edit content in our sole discretion.
REFUND POLICY
14-DAY UNCONDITIONAL SATISFACTION GUARANTEE
The User can request a refund for any reason during the first 14 days of the purchase date, without condition.
In order to apply a refund, we ask our customers to fill out a refund request form. Refunds will only be made to the person who paid the fees and using the same payment / transaction method. The refund will follow the terms and conditions applicable to the payment method used by the User.
CONDITIONAL FLUENCY GUARANTEE AFTER FINISHING THE COURSE
Once the course is finished, which necessarily includes completing the 6 chapters described and taught in the course, in which the student will have throughout the course and strictly following the entire methodology of the course, having studied all the interactive stories provided, having submitted the survey after each course chapter, having completed all the classes of the course, if he/she has not developed the skills of reading in English, understanding spoken English and communicating in English in written and spoken form, the student can request a full refund of his money plus an additional $1000 dollars of the amount paid at registration as compensation for time and effort invested.
It should be noted that for the skills of reading English, understanding spoken English and communicating in English in written and spoken form, we do not intend to do these activities perfectly, in the same way that a native speaker of the language would, but rather in a functional way., that is, the student is able to carry out all these activities even if they make some grammatical or pronunciation errors (which is common for practically all English speakers as a second language) and what makes it functional in an environment where it is used the English language.
The RAIO team will be tasked with analyzing and evaluating the commitment that the student has shown throughout the course to determine if the belief in a learning disability is really justifiable and reasonable or if the student simply has not worked hard enough to achieve the results proposed by the course or apply the method in a different way from that proposed by the course.
If it is determined that the student has not tried hard enough or has not applied the method in a manner other than that proposed by the course and is attempting to misuse and / or improperly use the Guarantee of Fluency, RAIO staff will reserves the right not to grant the Guarantee of Fluency. On the other hand, if the student really applied the method proposed by the course and made an effort, but still does not have the results promised, the guarantee will be granted without any problem upon request through the email soporte@kaleanders.com.
Attention: The argument that there were technical difficulties in accessing the portal, using the computer, that the student did not adapt or did not like the method, or any other type, will not be accepted to make use of this guarantee of argument that justifies the fact that the student did not put into practice or execute the course work. It should be remembered that our support is always ready to help with these technical and methodological issues, and that we understand that students who are really applying the method and who are facing difficulties will contact us through the official email soporte@kaleanders.com in seeking help as soon as possible. It is crucial to understand that this is not a guarantee for people dissatisfied with the course or with the method, but for people who are willing to have results, who in fact put into practice everything proposed by the course, with discipline and dedication. required through the course and yet they are not satisfied with the progress and evolution in English language learning provided by the course.
IN CASE OF NOT COMPLETING THE COURSE
Failure to complete the course, whether due to work, studies, travel, illness, family problems and other personal situations, does not justify a possible refund of the price paid for tuition, if this request is made after 14 days of the Initial Unconditional Satisfaction Guarantee.
MORE INFORMATION
Free Trials or Personal Coaching do not follow the same rule. A third-party data collection company will assist EKPA in verifying the metric of Program completion.
Refunds requested during the first 24 hours after purchase will require an additional verification; this restriction prevents acts of fraud or piracy.
Free trial purchases have a 72 hours refund period. However, if payment was made in cash, Users are not eligible for a refund for any advertised Programs whether the User opted for payment in full or in installments.
Personal Coaching sessions are not eligible for a refund.
Dispute Assistance. EKPA provides a dispute assistance service to address any problems arising from payment or refund. Users can send an email to soporte@kaleanders.com. EKPA's Customer Service will review the case and reach out via email or telephone for a satisfaction inquiry. Customer Service will resolve the concern within a reasonable time.
Refunds will only be made to the person who paid the fees and using the same payment/transaction method. The refund will follow the terms and conditions applicable to the payment method used by User.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
The User is granted a non-exclusive, non-transferable, revocable license to access and use the Program and Services strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. The User may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. The User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of EKPA and protected by copyright and other laws that protect intellectual property and proprietary rights. The User agrees to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
The User will not modify, reproduce, display, publicly perform, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
EKPA content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. The User will use protected content solely for your personal use and will make no other use of the content without the express written permission of EKPA and the copyright owner. The User agrees that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of EKPA or our licensors except as expressly authorized by these Terms.
PRIVACY
Electronic Communications. Visiting the Site or sending emails to EKPA constitutes electronic communications. User consents to receive electronic communications and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. User agrees to EKPA Privacy Policy - https://kaleanders.com/policy-raio
USER CONTENT
We may, in our sole discretion, permit you to post, upload, publish, submit, or transmit User Content. By making available any User Content on or through the Site, Application, Services, or through EKPA promotional campaigns, you hereby grant to EKPA a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote or market the Site, Application, and Services. EKPA does not claim any ownership rights in any such User Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
PROHIBITED USES
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
• Use EKPA Services or any location information displayed within the EKPA Services and Products to stalk, harass, abuse, defame, threaten or defraud Users of the EKPA Services or Products, or to collect, attempt to obtain, or store location or personal information about other users;
• Include offensive or pornographic materials when using the EKPA site;
• Use the EKPA Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
• Make unsolicited offers, advertisements, proposals, or send junk mail to EKPA or to other users of the EKPA Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures;
• Impersonate any person or entity different from you or falsely claim an affiliation with any person or entity;
• Provide false information looking forward to damaging the reputation, image, name, honor, or private life of a third-party of EKPA Site, its representatives, or advertisers.
• Misrepresent the source, identity or content of information transmitted via the EKPA Services;
• Remove, circumvent, disable, damage or otherwise interfere with security-related features of the EKPA Services, features that prevent or restrict use or copying of any content accessible through the EKPA Services, or features that enforce limitations on use of the EKPA Services;
• Intentionally interfere with or damage the operation of the EKPA Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
• Post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
• Post, store, send, transmit, or disseminate any information or material which, to the best of your understanding, infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
• Attempt to gain unauthorized access to the EKPA Services, or any part of these, other accounts, computer systems or networks connected to the EKPA Services, or any part of these, through hacking, password mining or any other means, or to interfere or attempt to interfere with the proper working of the EKPA Services or any activities conducted on the TMK Services; or
• Use any robot, spider, scraper, or other automated means to access the EKPA Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the EKPA Services or modify the EKPA Services in any manner or form, nor to use modified versions of the EKPA Services, including (without limitation) for the purpose of obtaining unauthorized access to the EKPA Services.
• Make any kind of action that could imply directly or indirectly that you are a representative, authorized distributor, employee, or in any other way represent, endorse or support the EKPA Site, the EKPA Parties, or the advertisers of the EKPA Site.
LINK TO THIRD PARTY SITES/THIRD-PARTY SERVICES
EKPA may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of EKPA, and EKPA is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. EKPA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EKPA of the Site or any association with its operators.
Certain services made available via EKPA are delivered by third party sites and organizations. By using any product, Service, or functionality originating from the EKPA domain, and according to the Privacy Data Policy available at https://kaleanders.com/policy-raio, User hereby acknowledges and consent that EKPA may share such information and data with any third party with whom EKPA has a contractual relationship to provide the requested product, Service or functionality on behalf of EKPA Users and customers.
ENFORCEMENT OF TERMS OF SERVICE
We may suspend or cancel your User Account if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Service, or violated our rights or those of another party. Without limiting EKPA other remedies, we will suspend or terminate your Member Account and refuse to provide any Services to you if: (a) you breach any terms and conditions of the Terms of Service and the other written policies and procedures posted on the Site or Application; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our Users or for EKPA.
Once suspended or terminated, you may not continue to use the EKPA Service under a different Account or re-register under a new Account. In addition, violations of the Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. When your User Account is canceled, you may no longer have access to data, messages, files, and other material you keep on the Site or Application.
CLASS ACTION WAIVER
Any arbitration or dispute resolution under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and EKPA agree otherwise, the arbitrator or any other authority may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EKPA EDUCATION LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
EKPA EDUCATION LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EKPA EDUCATION LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EKPA EDUCATION LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EKPA EDUCATION LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. User agrees to EKPA additional Earning Disclaimer https://kaleanders.com/earning-disclaimer-raio
INDEMNIFICATION
User agrees to indemnify, defend and hold harmless EKPA, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or Services, any user postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. EKPA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with EKPA in asserting any available defenses.
FORCE MAJEURE
The User agrees that neither parties are liable for performance delays nor for non-performance of the terms herewith included due to causes beyond its reasonable control, except for payment obligations. The force majeure event includes but is not limited to pandemia, war, riots, fire, flood, hurricane, typhoon, earthquake, lightning, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, and acts of state or governmental action prohibiting or impeding any party from performing its respective obligations under the contract.
ASSIGNMENT
The User may not assign or transfer these Terms, by operation of law or otherwise, without EKPA's prior written consent. Any attempt by the User to assign or transfer these Terms, without such consent, will be null and of no effect. EKPA may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
NOTICES
Unless you otherwise indicate in writing to Customer Service, EKPA will communicate with you by email or by posting communications on this Site or Application. The User consents to receive communications from us electronically, and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. The User will consider having received communication when EKPA sends it to the email address you have provided to EKPA on this Site or Application, or when EKPA posts such communication on this Site or Application. The User must keep its email address updated on this Site or Application. If you fail to respond to an email message from EKPA regarding violation, dispute, or complaint within two business days, EKPA will have the right to terminate your registration.
All notices to EKPA intended to have a legal effect concerning this agreement must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to his address listed on the Site.
GOVERNING LAW
The interpretation of the Terms and your relationship with "KALE ANDERS" and "EKPA EDUCATION LLC" under these Terms shall be governed by and construed and enforced in accordance with the applicable laws of the state of Florida, and the competent courts shall be the courts of (City) Florida. Consequently, you hereby waive to any jurisdiction arising from your domicile, nationality, or any other reason.
International Users. The Service is controlled, operated, and administered by EKPA from our company address within the USA. If you access the Service from a location outside the USA, you are responsible for all local laws. The User agrees that you will not use the EKPA Content accessed through the Site in any country or any manner prohibited by any applicable laws, restrictions, or regulations.
DISPUTE RESOLUTION
If a dispute arises between the User and EKPA, our goal is to resolve such dispute quickly and cost-effectively. Accordingly, the User and EKPA agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the EKPA Services (a "Claim") by an out-of-court alternate dispute resolution procedure." Before resorting to these alternatives, the User agrees first to contact us directly to seek dispute assistance by going to Customer Service. If the latter does not resolve the dispute, EKPA will elect an impartial mediator to mediate the conflict.
ABILITY TO ACCEPT TERMS OF SERVICE
The User affirms that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, the User affirms that you are over the age of 13, as the Service is not intended for children under 13.
ENTIRE AGREEMENT
Besides these Terms, additional EKPA policies may supplement the guidelines, standards, or terms for a specific product, feature, Service, or offer, these Terms (and the terms below) constitute the entire. Exclusive understanding and agreement between EKPA and you regarding the Site, Application, Services, Content, and any Coaching Services Requests made via the Site, Application and Services, and these Terms supersede and replace any prior oral or written understandings or agreements between EKPA and you regarding the Site, Application, Services, and Content.
CONTACTING CUSTOMER SERVICE
If you wish to report a violation of Site, Application, or Service Policies, have any questions, or need assistance, please contact EKPA Customer Service as follows:
EKPA EDUCATION LLC
3500 South Dupont Highway,
Camden, DE 19901
soporte@kaleanders.com.